SECTION 371.81. Inspection During Construction

(a) Applicant's inspection. The Applicant shall provide for the adequate qualified inspection of the project under the supervision of a registered engineer and shall require the engineer's assurance that the work is being performed in a satisfactory manner in accordance with the approved plans, specifications, and other engineering design or permit documents, approved alterations or changes, in accordance with the requirements in the environmental finding applicable to the project, and using sound engineering principles and construction practices.

(b) Board's site visits. The executive administrator may conduct site visits regarding the construction and materials of a project at any time. The purpose of site visits is to determine whether the contractor is substantially complying with the approved engineering plans for the project and is constructing the project in accordance with the approved project schedule. The site visits do not subject the state to any civil liability.

(c) Scope of inspections. Inspections may include, but are not limited to:

(1) on-site observations and review of the conditions at the construction sites, including compliance with environmental mitigation measures;

(2) review of documents related to the construction projects, including but not limited to:

(A) payroll, daily attendance, and any other records relating to person employed during the construction, and records relating to the Davis-Bacon Act and related federal laws and regulations regarding prevailing wage rates;

(B) invoices, receipts for materials, accounting ledgers, and any other documents related to expenditure of funds to facilitate tracking the project's progress;

(C) evidence of testing of installed materials and equipment;

(D) deviations from approved plans and specifications;

(E) change orders and supporting documents;

(F) compliance with EPA's American Iron and Steel requirements; and

(G) review of any other documents to ensure compliance with the terms of the approved contract documents and the Board's rules.

(d) The executive administrator may document issues to ensure compliance with applicable laws, rules, and contract documents, and may recommend to the owner that certain corrective actions occur to ensure compliance with laws, rules, and approved plans and specifications.

(e) The Applicant must provide the executive administrator with a response to any documented issues relating to compliance.

Source Note: The provisions of this §371.81 adopted to be effective June 10, 2020, 45 TexReg 3863